The Role Medical Records Play in Litigation (OnDemand Webinar)

$219.00

SKU: 409035EAU

Description

Learn and understand how medical records are used in litigation.Most lawyers who handle cases arising out of personal injuries must obtain and build their cases on the information and data contained in medical records. In this presentation, Mr. Rackham will offer insights and suggestions for obtaining, preserving, and capturing critical information from medical records to help lawyers most efficiently and effectively present their cases. Additionally, most healthcare providers utilize some form of electronic medical records in their practice. A significant number of healthcare offices are paperless. In this presentation, Mr. Rackham will discuss the risks and benefits of using electronic medical records. Mr. Rackham will discuss the unique aspects of electronic medical records to assist attendees in locating all relevant records and using them in litigation. Mr. Rackham will discuss common issues that may arise with electronic medical records in litigation, including limitations on access, discovery of audit trails, and inadequate recordkeeping. Mr. Rackham will also offer tips on using electronic medical record evidence at trial and overcoming evidentiary objections.

Date: 2023-09-22 Start Time: End Time:

Learning Objectives

War Stories About Medical Records
• Confidentiality
• Peer Review
• Quality Management
• HIPAA/ HITECH

Medical Records
• What Are They?
• What Records Included/ Excluded?
• Paper Records?
• Standard of Care Issues
• Production Issues for Medical Records (Paper V. Electronic)
• Audit Trails
• Other Records

Risks and Benefits With Electronic Medical Records
• Benefits
• Risks

Ediscovery and Confidentiality
• Duty to Preserve
• Electronic Medical Records Are Permanent
• EMRS Can Be Decontextualized
• Impact of Quality Management and Peer Review
• Other Records Also May Be Part of EMR

Use of Medical Records as Evidence
• Evidentiary Foundations
• Evidentiary Issues Unique to Electronic Records
• Healthcare or Medical Bills
• Testimonial Issues
• Provider Disputes
• Provider Concerns

Questions

AHIMA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Troy R. Rackham-Spencer Fane LLP

The Role Medical Records Play in Litigation (OnDemand Webinar)

$219.00

SKU: 406581EAU

Description

Learn and understand how medical records are used in litigation.Medical records are at the center of any personal injury claim. This material will cover the use of medical charting in litigation and will focus on real life examples of how the medical record is used to prove the elements of a tort claim and will illustrate how to best approach the challenges presented by use of a medical record in litigation. The history of medical charting and EMR will be reviewed, as well as how charting is used in lawsuits to both prove and defend elements of the case. This material will illustrate how charting is used in litigation, preparing attendees for tactics used by plaintiff and defense attorneys in depositions. You will learn details on how new adjuncts to charting, including patient portals and audit trails, are used to both attack and defend health care providers in lawsuits.

Date: 2020-02-27 Start Time: End Time:

Learning Objectives

Background
• What Is a Medical Record?
• History of Medical Records in Litigation
• The Standard of Care

Affirmative Uses of Medical Records
• To Assist in Proving Compliance With the Standard of Care
• To Assist in Proving Damages
• Reasonable and Necessary

Negative Uses of Medical Records
• To Assist in Proving Duty
• The Doctor-Patient Relationship and Curbside Consultations
• To Assist in Proving Breach
• Breach of the Standard of Care
• To Assist in Proving Causation
• To Assist in Disproving Damages

Conduct of the Deposition
• Leading the Witness Through the Record
• Defendant or Material Witness Depositions
• Treater Depositions

Deposition Examples

Modern Problems
• Electronic Access and Audit Trails
• Curbside Consultations
• Record Modification
• HIPAA Claims

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Stuart Berman-L&G Law Group LLP